Two months after the crash with a Wal-Mart truck at Jersey Turnpike, New Jersey which killed '30 Rock' star Tracy Morgan's friend Jimmy Mack, the actor is still struggling to recover both mentally, and physically.

Tracy Morgan at Spike TV's 'Don Rickles: One Night Only' premiere
Tracy Morgan is not 'doing great'

Tracy Morgan's attorney, Benedict Morelli appeared on NBC's Today to talk about his client's condition and the upcoming lawsuit against Wal-Mart, filed by the survivors of the crash last month. "The interesting thing is at the beginning, the internet was saying he was dead, and then they said they amputated his leg. Now it's coming out that he's doing great - none of those things are true or accurate" reported Morelli. The reports of Morgan's good recovery come from last month's photos of him smiling outside his home in New Jersey, despite the use of a walker.

More: Tracy Morgan sues Wal-Mart

After being involved in a crash with a Wal-Mart delivery truck two months ago which left him in critical condition and killed his life-long friend, Tracy Morgan is still 'struggling' with his recovery. Morgan and friends, including comedian Jimmy Mack, were in Morgan's Mercedes-Benz limousine when it was hit from behind by the tractor-trailer on the 7th June. Morgan suffered from several cracked ribs, a broken nose and a severely broken leg.

According to Morelli, Morgan feels guilty for the accident which killed his mentor and injured comedian Ardie Fuqua and Morgan's assistant Jeffrey Millea. "The truth is he's struggling, but he's fighting hard," said Morelli.

More: Morgan speaks out over road accident 

Driver of the truck, Kevin Roper, has pleaded not guilty to vehicular manslaughter. It later emerged that he had been awake for 25 hours. When asked about why this was Wal-Mart's responsibility, rather than Roper's, Morelli said "they know - and by the way, he isn't the only driver that drives hundreds of miles to get to work. They have to make sure that this doesn't happen."

Wal-Mart has agreed to cooperate in the investigation and stated they will take "full responsibility" should Roper be found guilty.